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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 601   View pdf image (33K)
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601

be returned yearly to the Treasurer of the State, for his in-
spection and that of the General Assembly of the State, and
each of said officers, when the amount received by him for
the year shall exceed three thousand dollars, shall yearly
pay over to the Treasurer of the State, the amount of such
excess by him received, subject to such disposition thereof as
the General Assembly may direct. Any such officer failing
to comply with this requisition, shall be deemed to have va-
cated his office, and be subject to suit by the State, for the
amount that ought to be paid into the Treasury.

Sec. 2. The common law, and statute law, now in force,
and not repugnant to this Constitution, shall remain in force,
until they expire by their own limitation, or are altered by
the General Assembly.

Sec. 3. The several Courts, except as herein otherwise pro-
vided, shall continue with like powers and jurisdiction, both
at law and in equity, as if this Constitution had not been
adopted and until the organization of the Judicial Depart-
ment, provided by this Constitution.

Sec. 4. The General Assembly shall have power to pass
all such laws as may be necessary and proper for carrying
into execution the powers vested by this Constitution, in any
department or office of the Government, and the duties im-
posed upon them thereby.

Sec. 5. If on any election directed by this Constitution,
any two or more candidates shall have the highest and equal
number of votes, a new election shall be ordered, except in
cases specially otherwise provided by this Constitution.

Sec. G. In the trial of all criminal cases, the Jury may
be the judges of law as well as fact.

Sec. 7. The trial by jury of all issues of fact in civil pro-
ceedings, in the several Courts of this State, where the
amount exceeds the sum of five dollars, shall be inviolably
preserved.

Sec. 8. The General Assembly shall have power to regu-
late by law, not inconsistent with this Constitution, all mat-
ters which relate to the judges of election, time, place, and
manner of holding elections in this State, and of making re-
turn thereof.

Sec. 9. All officers, civil and military, now holding office,
whether by election, or appointment under the State, shall
continue to hold and exercise their offices according to their
present tenure, unless otherwise provided in this Constitution,

76

 

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 601   View pdf image (33K)
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